United States Ninth Circuit

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Estate of Andy Lopez v. Gelhaus, 16-15175

Affirming the district court order denying defendants' motion for summary judgment on the defense of qualified immunity in a case alleging the use of excessive force by a sheriff's deputy when he fatally shot a thirteen-year-old holding a toy assault rifle because no warning was given and the toy had been pointed at the ground, so a reasonable jury could find that the use of deadly force was not objectively reasonable.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/09/22




  • United States Ninth Circuit


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